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Is this murder?

Is this murder?

  • Yes, this is murder.

    Votes: 4 22.2%

  • No, this is manslaughter.

    Votes: 7 38.9%

  • No, this was a man in uniform doing his job

    Votes: 4 22.2%

  • OMG, you killed Kenny! You bastards!

    Votes: 3 16.7%
  • Total voters
    18
Buck Ewer said:
With the first body slam the guard was defending himself. The victim landing on his side and the side of his head.
The man was motionless and unconscious for the three seconds in between .
The second body slam was violent assault on what was basically a defenseless sleeping person.
The second body slam landed the unconscious victim on the back of his head and neck.
Death was caused by injury to the head and neck sustained from the second slam.
The second body slam was manslaughter.
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I guess we'll see.
 
Kreton said:
Public intoxication can get you jailed, yes. But he was not sentenced to death because of it. The inmate died because of his actions in the jail, not because of the offense that got him there. The CO's in a prison/jail are dealing with dangerous people. Maybe not all are dangerous but enough are that an inmate getting in your face like that is a threat. Inmates getting in a CO's face like that is not allowed and for very good reason. The CO pushed him back and the guy tried to assault him. Slamming him down was not inappropriate.
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There were two separate assaults made by the guard on the inmate.
Slamming him the first time may have been appropriate and arguably could be said to be defensive .
Slamming the unconscious victim the second time was rage induced excessive violence landing him on his head and that broke his neck.
Manslaughter.
 
Buck Ewer said:
There were two separate assaults made by the guard on the inmate.
Slamming him the first time may have been appropriate and arguably could be said to be defensive .
Slamming the unconscious victim the second time was rage induced excessive violence landing him on his head and that broke his neck.
Manslaughter.
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I'm wrong. You're right. You won't read THAT too often on DP. Savor it. ;)

WAKE COUNTY, NC - Markeith Council was found guilty of involuntary manslaughter after he beat to death a prisoner in full view of security cameras on June 4th, 2013. Shon McClain never woke up from the blunt force trauma brought on by Council’s beating. In a twist of fate, Council was sent to the same correctional facility where he killed the prisoner.
McClain was in jail on charges resulting from possession of an open container. According to the law in North Carolina, involuntary manslaughter charges are brought if someone kills a person: “without malice, premeditation or deliberation.”


Read more at TLR: Jailer who beat inmate to death is sent to same prison where he killed a man (VIDEO) | The Libertarian Republic Jailer who beat inmate to death is sent to same prison where he killed a man (VIDEO) | The Libertarian Republic
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MaggieD said:
I'm wrong. You're right. You won't read THAT too often on DP. Savor it. ;)
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I guess the jury saw it the same way that moot, Beaudreaux and I did.
There is no legal reason to assault an unconscious person. An assault at that point is punitive or vengeful, not defensive. If that assault results in death you have a clear case of manslaughter.
The court found him guilty of involuntary manslaughter. IMHO that was giving him the benefit of the doubt based on the danger from the number of inmates in the immediate area.
 
Last edited:
Buck Ewer said:
First slam, justified neutralizing of a violent inmate.
Second slam, rage induced over the top revenge violence, picking up and slamming an unconscious man... likely the cause of his death.
Manslaughter.
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This .
 
Had to look it up on YouTube. The prisoner lunged at the guard. He deserved what he got.
 
Utility Man said:
Murder, because it looks like the guard provoked the inmate by shoving him.

:shrug:
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I don't think the guard provoked the prisoner, but then again, hey its prison. Don't **** with the guards. One thing's for sure, the prisoner got too close to a prison guard, and pissed him way off. The guard responded with lethal force. The guard is going down.
 
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